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169
Nathan Kimble Will
Be it remembered
that on the 5th day of May 1881 the Last
Will and Testament of Nathan Kimble was left in this Office
for Probate and
Record which reads as follows:
In the name of the benevolent Father of All, I Nathan
Kimble do make and
publish this my Last Will and Testament
Item 1st
I do hereby nominate and appoint my son John Kimble
Executor
of this my Last Will and Testament- hereby authorizing
and empowering him to compromise, adjust, release and
discharge
in such manner as he me may deem proper
the debts and claims due me. I do also authorize and
empower him to sell by
private sale, or in such manner
upon such terms of credit, or otherwise as he may think
proper all of my estate- both
Real and personal except
as hereinafter bounded and deed to purchasers to except
acknowledge and deliver in fee simple
Item
2nd
I desire, and do hereby give and devise to my
beloved wife in lieu of her dower- Three Thousand dollars
$300
in cash to be paid to her by my executor- out of the first
moneys or moneys that comes into his hands as
such Executor
after paying all my first debts their due
and my funeral expenses- out of the sale of my property
also that my beloved
wife have all of such part of my
household furniture as she may select for her own use- and
goods and provissions- which
may be on my said farm
at my death - one sow and one horse and buggy any of
the last mentioned articles or all of them
to be subject to the
selection of my said wife-
item 3rd
I devise and bequeath to my daughter Hannah Wyers
the
sum of Seven hundred dollars to be paid to her my
said daughter by my executor out of the sale of my
property after
paying my first debts and funeral
expenses and the amount heretofore devised to my beloved
wife
Item 4th
I
devise and bequeath to Granddaughter Alice
Lutz the sum of Two hundred dollars to be paid to her
my granddaughterıs
guardian for her use and benefit
Which Guardian I hereafter and hereby nominate and
appoint to wit: my beloved friend
John Green as
Guardian for my said granddaughter- Alice Lutz
until the said Alice Lutz arrives at the age of twenty
one
years- or intermarries- said sum of two hundred
dollars to be so paid out of the sale of my property
after paying first
my past debts and funeral
170
and the
amount hereto devised to my beloved wife and
also the amount heretofore devised to my daughter Hannah
Wyers.
Item
5th
I devise and bequeath to my son Benjamin Kimble
the sum of Two hundred dollars during his life time
and
and after his death to be paid to the heirs of his body
then living- said sum of Two hundred dollars to be so paid
out
of the sale of my property- after paying my past debts
and funeral expenses and the several sums heretofore bequeathed
by
me to my said wife and also my daughter Hannah
Wyers and also my Granddaughter Alice Lutz
Item 6th
I
devise and bequeath to my son Harison Kimble
the sum of Two hundred dollars during his life time and
after his death
to be paid to his heirs of his body then
living- Said sum of Two hundred dollars to be so paid
out of the sale of my
property after paying my first debts
and funeral expenses and the several sums heretofore bequeathed
by me to my said
wife and also my daughter Hannah
Wyers and also my Granddaughter Alice Lutz and also
my son Benjamin Kimble.
Item
7th
I do hereby devise and bequeath to each of my
following children to wit: Hannah Wyers one seventh part
Mary
Wonders one seventh part and John Kimble one
seventh part of the balance of my Estate after first paying
the several
sums hereinbefore especially provided to be paid
out of my said Estate- and to the following children
to wit: Ezekiel
Kimble one seventh part during his
lifetime and after his death to the heirs of his body then
living - Harison Kimble
one seventh part during his
lifetime and after his death to the heirs of his body living
Benjamin Kimple one seventh
part during his lifetime
and after his death to the heirs of his body then living
Margaret Hockins one seventh part
during her
lifetime and after her death to the heirs of her body
then living of the balance of my estate after paying
first
the several sums hereinbefore especially provided to
be paid out of my Estate.
Provided that said Ezekiel
Kimble and Margaret
Hockins- shall Select land of the value and not execute
the value of said one seventh part of the
balance of my
Estate each which my Executor shall purchase and
convey to each of them during life and after their
death
to their heirs- out of and as their interest
in my said Estate- and that at the death of said
Margaret Hockins- There
be paid out of said sums so
171
bequeathed to her- to Alice Lutz first- the sum of three hundred
dollars
and that the balance be equally divided between all of
the heirs of said Margaret Hockins including said Alice
Lutz-
Provided
also that said Harison Kimble and Benjamin
Kimble shall each select land of the value of said one
seventh part each
and also in addition thereto of the value
of said two hundred dollars each and not to exceed the
value of each one seventh
part and the said two hundred
dollars each which my Executor shall purchase and
convey to them each during their lives.
And after their
death to their heirs all of said purchasers to be made
by my Executor out of the several amounts so
bequeathed
to such of my heirs for whom purchasers are directed
to be made- The Two hundred dollars mentioned in the
last
item concerning Harison Kimble and Benjamin Kimble
having reference to the special bequests made in items.
Item 8th
I
do hereby exclude any one of my heirs who goes
to law to break my Will from any part or share in
my estate.
I
do hereby revoke all former wills by me made.
In testimony hereof, I have hereto set my hand and
seal this 25th day
of January A.D. 1879.
Nathan Kimble {seal}
Signed and
acknowledged by said Nathan Kimble
as his last Will and Testament in our presence
and signed by us in his presence
D.H.Shaw
David
Carpenter
M.B.Smith
Codicile
to above Will-
Having given certain items in this Will more full
consideration to wit: Item 3rd in which item I have
given
and bequeathed to my daughter Hannah Wyers
certain sums of money- now the said Hannah Wyers
being now in possesion of
my certain promissary note
receiving the amount intended to be devised by me
to her in said item 3rd It is my will that
said Item
3rd is hereby and by these presents fully canceled so
for as said sums of money so mentioned and
bequeathed
to said Hannah Wyers and the said Item
is from now on & forever canceled- Done and witnessed this
18th day of February
A.D. 1879 Nathan Kimble.
Attest- David Carpenter M.B.Smith
172
And there
upon on said 5th day of May 1881 the testimony
relative to the execution of said Last Will and Testament
was taken and
reduced to writing in words following:
Probate
of Will
The State of Ohio
Seneca County Probate
Court
Personally appeared in open Court
M.B.Smith
and David Carpenter the subscribing
witnesses to the Last Will and Testament and Codicile
of Nathan Kimble, now deceased,
who being duly sworn
according to law to speak the truth the whole truth
and nothing but the truth, in relation to the
execution
of said Will and Codicile, depose and say that
the paper before them purporting to be the Last Will and
Testament
and Codicile of Nathan Kimble now deceased
is the Will of said deceased: that they were present at
the execution of
said Will and Codicile, at the request
of the Testator, subscribed their names to the same as
witnesses, in his presence,
and that they saw the said
Nathan Kimble now deceased sign and seal said Will
and Codicile, and heard him acknowledge
the same to be
his Last Will and Testament; that the said Nathan
Kimble, now deceased, at the time of of making, signing
and
sealing said Will, was of legal age and of sound
and disposing mind and memory, and under no
undue or unlawful restraint
whatsoever.
M.B.Smith
David
Carpenter
Sworn to and subscribed in open Court this 5th day
of May A.D. 1881
J.F.Bunn
J.C.Royer
To
the Probate Court of Seneca County, Ohio
I Mary Kimble widow of Nathan Kimble, deceased,
hereby accept and
agree to take the provisions of the Will of said
Nathan Kimble deceased, in lieu of dower in the Estate of said
decedent.
Attest
J.C. Royer Mary her x mark Kimble
And thereupon on said 5th day of May the orders
and findings
of the Court in relation to the execution
of said Will were made in words following:
173
In the matter of May 5th 1881
Nathan Kimble Estate
This day was produced in Court a
Probate of Will certain
paper writing purporting
to
be the Last Will and Testament of
Nathan Kimble, late of this County, now deceased, and at the same
time came M.B.Smith
and David Carpenter the subscribing
witnesses to said paper writing, who were duly sworn and
examined in open Court
and their Testimony reduced to writing
and filed. And the Court being advised in the premises find
that such Will was
duly executed and filed attested and
that the Testator at the time of executing the same was of full
age and of sound
mind and memory and not under any
restraint.
It is therefore ordered by the Court that said Will
be admitted
to probate and filed and that the same
together with the testimony so taken and reduced to writing
as aforesaid be recorded
according to law.
And thereupon came also Mary Kimble, widow of
said deceased, and the Court having explained to her
as
the law directs the provisions of the said husband
and her rights under it and by law in the event
of her refusal
to take under said Will, she did elect to
take under the Will of her said husband.
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